"The first victory we can claim is that our hearts are free of hatred. Hence we say to those who persecute us and who try to dominate us: ‘You are my brother. I do not hate you, but you are not going to dominate me by fear. I do not wish to impose my truth, nor do I wish you to impose yours on me. We are going to seek the truth together’. THIS IS THE LIBERATION WHICH WE ARE PROCLAIMING."
Oswaldo José Payá Sardiñas (2002)

Tuesday, March 24, 2015

International Day for the Right to the Truth Concerning Gross Human Rights Violations and for the Dignity of Victims

"Peace is not the product of terror or fear. Peace is not the silence of cemeteries. Peace is not the silent result of violent repression. Peace is the generous, tranquil contribution of all to the good of all. Peace is dynamism. Peace is generosity. It is right and it is duty."
-Archbishop Oscar Romero

IACHR Urges Countries in the Americas to Respect and Guarantee the Right to Truth

“The region’s democracies have inherited the responsibility of
investigating human rights violations that occurred in times of
dictatorships and authoritarian governments, and to punish those
responsible,” said IACHR President Rose-Marie Antoine. “The path to
truth and justice for these types of crimes of the past has been
extremely long and difficult, but it is an outstanding obligation and a
responsibility the States cannot avoid. It is impossible to build a
democratic future without first shedding light on the grave violations
of the past and achieving justice and reparation,” she added.

Investigations to identify and punish those responsible for the
region’s serious human violations of the past have been seriously
flawed. For example, some States continue to apply the military
criminal justice system, and there are still amnesty laws in effect,
known by different names, which ensure that these crimes remain
unpunished. In many cases, there are major obstacles or it is even
impossible to gain access to information about what transpired. In some
countries, the concealment of extrajudicial executions, forced
disappearances, acts of torture, and sexual violence, along with other
serious human rights violations, was a deliberate State policy and even
a tactic of war. There has been important and significant progress in
many areas and across different countries. However, gaining access to
the full record of what transpired continues to be a major challenge.

The right to truth has two dimensions. The first is that victims and
their family members have the right to know the truth and the identity
of those who played a role in the violations, which means that States
must investigate the facts, prosecute and punish those responsible, and
guarantee access to the information available in State facilities and
files. Secondly, society as a whole has the right to know the truth
about past events, as well as the motives and circumstances in which
the crimes were committed, in order to prevent recurrence of such acts
in the future.

Consequently, the right to the truth should be a priority on States’
agendas. This means carrying out reforms or adopting legislative,
judicial, and practical measures that recognize the rights of victims
and their family members to know the truth about what happened, as well
as ensuring access to information available in State facilities and
files concerning serious human rights violations.

“States should declassify all documents that could be of use in
judicial investigations, and in the case of serious human rights
violations in a transnational or regional context, States should
cooperate in turning over official information to other States seeking
to investigate, prosecute, and punish such violations,” the IACHR
President said.

In November of last year, the IACHR published the report “The Right to Truth in the Americas,”
which provides tools for States that seek to guarantee the right to
truth. The report identifies positive contributions in close to ten
countries made by victims, family members, human rights defenders, and
civil society organizations to document, verify, and spread the truth
about human rights violations.

Such efforts include establishing
unofficial truth commissions, conducting investigations, preparing
studies and reports, and implementing initiatives to bring pressure to
bear for these violations to be recognized by society and the public.

“This report
provides a useful guide for the States by compiling the case law of
the inter-American system on what their obligations are with regard to
justice and reparation for victims of grave human rights violations and
society as a whole, in order to guarantee the right to the truth,” the
IACHR President said.

A principal, autonomous body of the Organization of American States
(OAS), the IACHR derives its mandate from the OAS Charter and the
American Convention on Human Rights. The Inter-American Commission has a
mandate to promote respect for human rights in the region and acts as a
consultative body to the OAS in this area. The Commission is composed
of seven independent members who are elected in an individual capacity
by the OAS General Assembly and who do not represent their countries of
origin or residence.